Dwyer v Jecks

[2026] WASC 2

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Declaratory relief
3. › Declarations by consent
4. › Whether matters relied upon sufficient to support the grant of declaration
5. › Whether court must independently satisfy itself of legal basis despite consent
1. Limitation of Actions
2. › Adverse possession
3. › Acquisition of land
4. › Continuous possession for 12 years
5. › Open, peaceful and adverse possession
6. › Extinguishment of paper title
7. › Limitation Act 1935 (WA), ss 4, 5, 30
8. › Transfer of Land Act 1893 (WA), s 68(1A)
1. Property
2. › Easements
3. › Easement by prescription
4. › Doctrine of lost modern grant
5. › Twenty years continuous user as of right
6. › Right of carriageway and right to maintain drains and firebreaks
7. › Whether elements of prescriptive easement established on agreed facts

Quick Take

A party consenting to declaratory relief does not cease to be a proper contradictor, but the court must still independently satisfy itself that the legal elements supporting the declarations are established on the agreed or proven facts.